Allowed

Anees v. State of U.P.

Allahabad HC28 Aug 2018BAIL/32800/2018

Case brief

AI extract

What is this about?

This judgment grants bail to the applicant, who was arrested in a case alleging cow slaughter and animal cruelty. The court observes a lack of independent witnesses against the applicant and finds no evidence connecting him to the case despite the recovery of calves.

What did the court decide?

Applicant released on bail on furnishing a personal bond and two sureties each in the like amount subject to standard conditions.

Anees Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 41 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32800 of 2018 Applicant :- Anees Opposite Party :- State Of U.P. Counsel for Applicant :- Brijesh Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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According to the prosecution case, F.I.R. was lodged against six accused persons namely, Yusuk, Anees, Shafiq Kaliya, Istarmudin, Mujamil and Moti alleging that on 4.7.2013, fourteen calf were recovered from the place of occurrence and all accused persons were fled away from the place of occurrence.

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It is submitted by learned counsel for the applicant that recovery is false and planted. There is no evidence to connect the applicant with the present matter. Applicant was not arrested on the spot. There is no independent witness against the applicant. Nothing was recovered from the possession of applicant. The applicant is innocent and have been falsely implicated in the present case. He is languishing in jail since 18.7.2018 (more than one month) criminal history has been properly explained and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that criminal history has been explained.

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Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.

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Let the applicant Anees involved in Case Crime No. 354 of 2013, under Section 3/5/8 Prevention of Cow Slaughter Act and Section 3/11 Prevention of Animal Cruelty Act, P.S. Ganj, District Rampur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

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The applicant will not tamper with the evidence during the trial.

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The applicant will not pressurize/ intimidate the prosecution witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 28.8.2018//A. Singh

Anees v. State of U.P.

Case brief

What is this about?

What did the court decide?

Anees v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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